EMPLOYEE TIME RECORDS

Having a system of recording employee hours worked is critical. Employers should have a procedure in place not only to keep track of employee hours worked, but also to document that employees are provided meal breaks as required by law. California law requires employers to keep time records showing when a non-exempt employee begins and ends each work period. Meal periods, split shift intervals, and total daily hours worked must be recorded. Total hours worked in the payroll period and applicable rates of pay must also be recorded.

It is the employer's duty to maintain time records. If an employee sues and claims he/she worked a certain number of hours without any meal breaks, the presumption is that the employee is telling the truth. It is extremely difficult for an employer to effectively dispute an employee's claim without any documentation. Employers can protect themselves from such a situation by simply having a time keeping procedure and maintaining accurate records of employees' hours worked.

Hours Worked and Meal Breaks

The California Labor Code mandates employers pay employees at least minimum wage for all hours they work. Employers are also required to pay employees an overtime premium for all hours worked in excess of 8 hours per day or 40 hours per week.

Employers are required to provide employees who work at least 5 hours with a meal break of at least 30 minutes. An additional 30-minute meal break is required for employees who work 10 hours. An employee may waive the second meal break if the employee did not waive the first meal break; and 12 hours of work will finish the employee's work for the day.

Time Keeping Options

A variety of resources exist for employers to keep accurate records of employee hours worked and meal breaks. Some of the options you may want to consider are:

• Time Clocks
• Proximity/Magnetic Swipe Cards
• Web Browser Entry
• PDA or Phone Based Login Systems
• Time Sheets for Manual Entry

Penalties

Penalties for failing to pay for all hours worked, and for failing to pay overtime premiums when applicable, can be very high. They can be as much as double the amount of the actual unpaid wages, plus statutory late fees and interest.

Penalties for failure to provide meal breaks and rest breaks can also be large. Employers may be liable to pay the employee one additional hour of pay at the employee's regular rate of compensation for each work day that the meal or rest period is not provided. Further, if an employee sues for unpaid wages or for failure to provide meal or rest breaks and wins, the employer must pay the employee his/her attorney fees.

ESKRIDGE LAW may be contacted by phone (310/303-3951), by fax (310/303-3952), or by e-mail (geskridge@eskridgelaw.net.) Please visit our website at www.eskridgelaw.net or www.employmentattorneys.net.

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